• If you are having problems logging in please use the Contact Us in the lower right hand corner of the forum page for assistance.

What Does USDA Fear Will Be Found?

A

Anonymous

Guest
Today 8/18/2006 10:50:00 PM


USDA Asks Court To Cut Off Lawsuit To Ban Canada Cattle



WASHINGTON (Dow Jones)--The U.S. Department of Agriculture is asking the Ninth Circuit Court of Appeals for a summary judgment to bar further proceedings on a renewed attempt by a U.S. rancher group to stop the importation of Canadian cattle and beef into the U.S.



The USDA, in its latest motion filed this week, said no more briefs or arguments would be needed for the court to rule on the case.



R-CALF United Stockgrowers of America, the plaintiff, believes the government would like to muzzle the group that says it has new evidence to present showing that Canadian cattle and beef present a threat of spreading bovine spongiform encephalopathy, or mad-cow disease, to the U.S.



Bill Bullard, CEO of R-CALF, said Friday he believes this is a "make-work attempt" by the USDA to discourage his group from proceeding and preventing "its arguments ever seeing the light of day."



Canada just last month announced its seventh case of BSE in a 50-month-old dairy cow, born more than four years after Canada implemented cattle feed restrictions that were supposed to retard the spread of BSE. The Canadian feed ban, similar to the one in the U.S., prohibits the use of bovine material in cattle feed because infected feed is believed to be the primary means of spreading the disease among animals.



It was earlier legal actions by R-CALF that forced the USDA to postpone lifting a U.S. ban on very young cattle and beef from those animals, but the USDA succeeded opening the border in July 2005.



Now, in an appeal, R-CALF is asking the court to shut down trade again. R-CALF is scheduled to file its first brief in the appeal on Sept. 21.



It was the Ninth Circuit Court of Appeals that struck down an injunction placed on the USDA, stopping it from allowing in Canadian cattle and beef.



But the situation has changed since then, with more Canadian discoveries of BSE cases in cattle born after Canada implemented its feed ban, R-CALF President Chuck Kiker said.




"Now that Canada has discovered infected cows born years after its feed ban began, it is clear that Canada should not have been classified as a Minimal Risk Region for BSE," Kiker said.



The latest Canadian BSE case prompted the USDA in July to withdraw a proposal to allow even more Canadian cattle into the U.S. by opening the border to older animals. Now only cattle under 30 months old can be imported from Canada.



The U.S. has found three case of BSE, the first of which is believed to have been born and raised in Canada before being shipped here.
 

ocm

Well-known member
Oldtimer said:
Today 8/18/2006 10:50:00 PM


USDA Asks Court To Cut Off Lawsuit To Ban Canada Cattle



WASHINGTON (Dow Jones)--The U.S. Department of Agriculture is asking the Ninth Circuit Court of Appeals for a summary judgment to bar further proceedings on a renewed attempt by a U.S. rancher group to stop the importation of Canadian cattle and beef into the U.S.



The USDA, in its latest motion filed this week, said no more briefs or arguments would be needed for the court to rule on the case.



R-CALF United Stockgrowers of America, the plaintiff, believes the government would like to muzzle the group that says it has new evidence to present showing that Canadian cattle and beef present a threat of spreading bovine spongiform encephalopathy, or mad-cow disease, to the U.S.



Bill Bullard, CEO of R-CALF, said Friday he believes this is a "make-work attempt" by the USDA to discourage his group from proceeding and preventing "its arguments ever seeing the light of day."



Canada just last month announced its seventh case of BSE in a 50-month-old dairy cow, born more than four years after Canada implemented cattle feed restrictions that were supposed to retard the spread of BSE. The Canadian feed ban, similar to the one in the U.S., prohibits the use of bovine material in cattle feed because infected feed is believed to be the primary means of spreading the disease among animals.



It was earlier legal actions by R-CALF that forced the USDA to postpone lifting a U.S. ban on very young cattle and beef from those animals, but the USDA succeeded opening the border in July 2005.



Now, in an appeal, R-CALF is asking the court to shut down trade again. R-CALF is scheduled to file its first brief in the appeal on Sept. 21.



It was the Ninth Circuit Court of Appeals that struck down an injunction placed on the USDA, stopping it from allowing in Canadian cattle and beef.



But the situation has changed since then, with more Canadian discoveries of BSE cases in cattle born after Canada implemented its feed ban, R-CALF President Chuck Kiker said.




"Now that Canada has discovered infected cows born years after its feed ban began, it is clear that Canada should not have been classified as a Minimal Risk Region for BSE," Kiker said.



The latest Canadian BSE case prompted the USDA in July to withdraw a proposal to allow even more Canadian cattle into the U.S. by opening the border to older animals. Now only cattle under 30 months old can be imported from Canada.



The U.S. has found three case of BSE, the first of which is believed to have been born and raised in Canada before being shipped here.

R-CALF just wants its Constitutionally guaranteed day in court. It wants to petition the Federal Government for redress of grievances.

So far R-CALF has had a temporary injuction hearing----these are not intended to be a display of the full evidence.

An appeal hearing (Ninth Circuit)---Appeals Courts only rule on matters of law, not merits of the case. Merits of a case are not properly argued in an Appeals Court.

Judge Cebull, taking the Ninth Circuit Courts ruling literally, has said that the Ninth Circuit says that R-CALF has no right to argue the merits of its case in a full hearing.

Cebull's ruling gave R-CALF a chance to show to the Ninth Circuit how ridiculous its previous ruling was.

In order to prevail the USDA must show that the merits of the case have been argued------patently false.
 
A

Anonymous

Guest
August 21, 2006



USDA Attempts Rarely Used Legal Maneuver

to Prevent R-CALF USA Appeal



(Billings, Mont.) – The U.S. Department of Agriculture (USDA) on Monday filed a rarely used Motion for Summary Affirmance (USDA Motion) with the 9th U.S. Circuit Court of Appeals (9th Circuit). The USDA Motion urges the 9th Circuit not to proceed with the previously scheduled briefings and arguments in R-CALF USA’s challenge of USDA’s Minimal Risk Region Rule (Final Rule), which relaxed long-standing import restrictions for countries with bovine spongiform encephalopathy (BSE). At present, Canada is the only country eligible for the relaxed restrictions contained in the Final Rule.



R-CALF USA President and Region V Director Chuck Kiker surmised that USDA does not want the organization’s case to be reviewed by the 9th Circuit because the circumstances unfolding in Canada continue to disprove the key assumptions USDA used to defend its Final Rule. Just as one example, Kiker said, USDA did not contemplate the recent discoveries of BSE-infected cattle born three to five years after the 1997 implementation of Canada’s feed ban.



“These recent cases of younger Canadian cattle with BSE disprove USDA’s key assumption that the Canadian feed ban has been effectively enforced,” he said.



Ironically, the USDA Motion contains language acknowledging the earlier detections of BSE in Canadian cattle born “at or near the time of Canada’s feed ban” and states, “Moreover, the discovery of infected cows that were born before or shortly after the Canadian feed ban began casts no doubt on the classification of Canada as a ‘Minimal Risk’ region for BSE.” Kiker said that this standard of proof actually reinforces R-CALF USA’s position.



“Now that Canada has discovered infected cows born years after its feed ban began, it is clear that Canada should not have been classified as a Minimal Risk Region for BSE,” Kiker emphasized.



Another unusual aspect of the USDA Motion is it suggests that the issue in the pending appeal is whether the USDA’s Final Rule was arbitrary and capricious – but the District Court – District of Montana (District Court) never reached that issue. R-CALF USA has stated that the issue for its appeal is whether it was proper for the District Court to deny the organization’s motion for summary judgment, yet grant USDA’s motion for summary judgment, without considering the merits of those motions and the supporting documents, based on the 9th Circuit’s ruling that overturned the preliminary injunction issued by the District Court in March 2005.

“This latest action by USDA likely is an effort to discourage R-CALF USA – or any other organization – from ever challenging the agency’s decisions by attempting to make it as hard as possible for R-CALF USA to have its day in court,” Kiker added.



The USDA Motion asserts that R-CALF USA had presented no new evidence to the District Court after the District Court issued the preliminary injunction in March 2005, an action which blocked USDA’s implementation of the Final Rule for about five months. The 9th Circuit reversed the preliminary injunction in July 2005. R-CALF USA maintains that argument is, essentially, incorrect.



“We had filed hundreds of pages of arguments, expert-witness testimony, as well as additional government documents as new evidence with the District Court – that has yet to be reviewed,” Kiker explained. “In fact, USDA itself submitted a Supplemental Administrative Record after the preliminary injunction had already been issued, and the agency’s own papers in the subsequent Summary Judgment proceedings before the District Court contained numerous new declarations of USDA personnel and outside consultants, as well as new arguments and references.”



Note: To View USDA’s Motion for Summary Affirmance, visit the “BSE-Litigation” link at www.r-calfusa.com.



# # #



R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is a national, non-profit organization and is dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA represents thousands of U.S. cattle producers on both domestic and international trade and marketing issues. Members are located across 47 states and are primarily cow/calf operators, cattle backgrounders, and/or feedlot owners. R-CALF USA has more than 60 affiliate organizations and various main-street businesses are associate members. For more information, visit www.r-calfusa.com or, call 406-252-2516.
 

RobertMac

Well-known member
“These recent cases of younger Canadian cattle with BSE disprove USDA’s key assumption that the Canadian feed ban has been effectively enforced,” he said.

Or these recent cases of younger cattle has disproved the assumption that the feed ban is effectively controlling BSE. Granted that feeding bovine parts from a sick animal contributes to the spreading of BSE, finding the original cause of BSE is the only way to stop BSE. All cattle organizations in both the USA and Canada should be pressuring both governments for more research to solve this...not putting a band-aid on a broken leg for short term economics.
 
Top